31990R1433

30 . 5. 90 No L 137/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1433/90

of 29 May 1990

introducing a countervailing charge on tomatoes originating in Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, consideration must be recorded on the representative markets or, in certain circumstances, on other markets ; Having regard to the Treaty establishing the European whereas it is necessary to multiply the prices with the Economic Community, coefficient fixed in the second indent of Article 1 (2) of Regulation (EEC) No 830/90 ; Having regard to the Act of Accession of Spain and Portugal, Whereas, for tomatoes originating in Portugal, the entry price calculated in this way has remained at least 0,6 ECU Having regard to Council Regulation (EEC) No 1035/72 below the reference price for two consecutive market of 18 May 1972 on the common organization of the days ; whereas a countervailing charge should therefore be introduced for these tomatoes ; market in fruit and vegetables ('), as last amended by Regulation (EEC) No 11 19/89 (2), and in particular the second subparagraph of Article 27 (2) thereof, Whereas, if the system is to operate normally, the entry price should be calculated on the following basis :

Whereas Article 25 (1 ) of Regulation (EEC) No 1035/72 — in the case of currencies which are maintained in rela­ provides that, if the entry price of a product imported tion to each other at any given moment within a band from a third country remains at least 0,6 ECU below the of 2,25 % , a rate of exchange based on their central reference price for two consecutive market days, a coun­ rate, multiplied by the corrective factor provided for in tervailing charge must be introduced in respect of the the last paragraph of Article 3 (1 ) of Regulation (EEC) exporting country concerned, save in exceptional circum­ No 1676/85 0, as last amended by Regulation (EEC) stances ; whereas this charge is equal to the difference No 1 636/87 (8), between the reference price and the arithmetic mean of — for other currencies, an exchange rate based on the the last two entry prices available for that exporting arithmetic mean of the spot market rates of each of country ; these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the Whereas Commission Regulation (EEC) No 830/90 of 30 previous indent, and the aforesaid coefficient ; March 1990 fixing for the 1990 marketing year the reference prices for tomatoes (3) fixed the reference price Whereas, pursuant to Article 272(1 ) of the Act of Acces­ for products of class I for the month of May 1990 at sion of Spain and Portugal (9), during the first stage of the 136,75 ECU per 100 kilograms net ; transition period, the arrangements applicable to trade between, on the one hand, a new Member State and, on Whereas the entry price for a given exporting country is the other, the Community as constituted at 31 December equal to the lowest representative prices recorded for at 1985, must be those which were applicable before acces­ least 30 % of the quantities from the exporting country sion ; concerned which are marketed on all representative markets for which prices are available less the duties and Whereas Article 316 provides for a 10 % reduction in the the charges indicated in Article 24 (3) of Regulation (EEC) countervailing charges applicable under Regulation (EEC) No 1035/72 ; whereas the meaning of representative price No 1035/72 during the fifth year after accession, is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ;

Whereas the reference price fixed by the Commission is HAS ADOPTED THIS REGULATION : to be reduced in accordance with Article 2 of Commis­ sion Regulation (EEC) No 784/90 of 29 March 1990 fixing the reducing coefficient for agricultural prices in Article 1 the 1990/91 marketing year as a result of the monetary realignment of 5 January 1990 and amending the prices A countervailing charge of 7,79 ECU per 100 kilograms and amounts fixed in ecus for that marketing year (4) ; net is applied to tomatoes (CN code 0702 00) originating in Portugal. Whereas, in accordance with Article 3 (1 ) of Regulation (EEC) No 21 18/74 (*), as last amended by Regulation (EEC) No 381 1 /85 (*), the prices to be taken into Article 2

(') OJ No L 118, 20. 5. 1972, p. 1 . This Regulation shall enter into force on 31 May 1990. (J) OJ No L 118, 29 . 4. 1989 , p. 12. (3) OJ No L 86, 31 . 3. 1990, p. 22. 0 OJ No L 83, 30. 3. 1990, p. 102. 0 OJ No L 164, 24. 6. 198S, p. 1 . O OJ No L 220, 10. 8 . 1974, p. 20. (») OJ No L 153, 13. 6. 1987, p. 1 . («) OJ No L 368, 31 . 12. 1985, p. 1 . 0 OJ No L 302, 15. 11 . 1985, p. 9.

No L 137/30 Official Journal of the European Communities 30 . 5. 90

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 May 1990.

For the Commission

Ray MAC SHARRY

Member of the Commission